Shea v. Seelig
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ron. E. P. Gates, Judge. (1) Tbe only reason given by the lower court for granting a new trial was that the verdict was against the weight of the evidence, and we take it in the light of the record in this case and of our recent Appellate and Supreme Court decisions, that no other ground can be considered on this appeal.
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Appeal from Jackson Circuit Court. — Ron. E. P. Gates, Judge. (1) Tbe only reason given by the lower court for granting a new trial was that the verdict was against the weight of the evidence, and we take it in the light of the record in this case and of our recent Appellate and Supreme Court decisions, that no other ground can be considered on this appeal. Bed Co. v. Railroad, 148 Mo. 478; Millar v. Car Co., 130 Mo. 517. (2) Hence the sole and exclusive question before this court is, did the lower court arbitrarily and unjustly exercise its right in disturbing the verdict of the jury and was…
1Opinion of the CourtEllison, J.
One Hammerslough leased the lower floor of his building on Main street in Kansas City, Missouri, for $200 a month, to the defendant for one year by written lease. There was a provision in the lease whereby defendant,1 by giving sixty days notice, could keep the premises an additional year at same rent. There was a mortgage on the building when it was leased and this mortgage was foreclosed and the property bought in by plaintiffs before the expiration of the year for which defendant rented. Plaintiffs reside in New York and had agents in Kansas City who attended to the business connected with…
2Cases cited7 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Hoover, Rhodes & Co. v. Pacific Oil Co.Missouri Court of Appeals · 1890
- Baughman v. FultonSupreme Court of Missouri · 1897
- Liew v. Barrett & Barrett Beverage Co.Supreme Court of Missouri · 1898
- Lehman v. NoltingMissouri Court of Appeals · 1894
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3Cited by1 opinion
- Klecka v. GroppSupreme Court of Missouri · 1955